Amended in Assembly May 9, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2242

Introduced by Assembly Member Lopez

February 18, 2016

An act begin delete to amend Section 47604 of the Education Code, relating to charter schools. end delete begin insert relating to special education. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2242, as amended, Lopez. begin delete Charter schools: operation: nonprofit public benefit corporations: for-profit corporations. end delete begin insert Special education. end insert

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Existing law requires local educational agencies to identify, locate, and assess individuals with exceptional needs and to provide those pupils with a free appropriate public education in the least restrictive environment, with special education and related services, as reflected in an individualized education program.

end insert begin insert

This bill would state legislative findings and declarations relating to special education. The bill would provide that it’s provisions do establish any right not otherwise provided for in state or federal law.

end insert begin delete

The Charter Schools Act of 1992 specifies the procedures for the submission, review, and approval or denial of a petition to establish a charter school. The act authorizes a charter school to elect to operate as, or be operated by, a nonprofit public benefit corporation, formed and organized pursuant to the Nonprofit Public Benefit Corporation Law.

end delete begin delete

This bill would, notwithstanding any other law, prohibit a nonprofit public benefit corporation that operates, or operates as, a charter school from (1) operating or organizing in any manner inconsistent with the accountability requirements that all charter schools owe the public, (2) having members, (3) being a subsidiary of any other corporation, or (4) being affiliated with another corporation or equivalent legal entity that has the power to control, or otherwise exert control over, either directly or indirectly, the decision making or governance of the charter school. The bill would also prohibit a charter school from operating as, or being operated by, a for-profit corporation.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The Legislature finds and declares all of the
following: end insert

begin insert

(1) Every child should receive equal treatment with the
opportunity to rise to the highest level of achievement and to be
his or her best.

end insert begin insert

(2) Parents and caregivers of children with special needs should
be treated with the respect and kindness they deserve.

end insert begin insert

(3) If a parent or caregiver of a child with special needs is in a
disagreement with a school regarding the status of the education
his or her child is receiving or not receiving, he or she should have
a mediator, chosen by the parent or caregiver, to intervene. The
mediator should be a volunteer who is an attorney, a parent of a
child with special needs, a special needs advocate, or someone
else that the parent or caregiver sees fit to bring the parties
together to come to an agreement.

end insert begin insert

(4) Parents and caregivers of children with special needs should
have the ability to access current information regarding services,
including, but not limited to, transportation, food services, health
services, English learner instruction, remediation, and special
education services, that are provided by the public school system,
eligibility requirements for those services, and how to apply for
them.

end insert begin insert

(b) Nothing in this section shall be construed to establish any
right not otherwise provided for in state or federal law.

end insert

begin delete

SECTION 1.  

Section 47604 of the Education Code is amended
to read:

47604.  

(a) (1) A charter school may elect to operate as, or be
operated by, a nonprofit public benefit corporation, formed and
organized pursuant to the Nonprofit Public Benefit Corporation
Law (Part 2 (commencing with Section 5110) of Division 2 of
Title 1 of the Corporations Code).

(2) Notwithstanding any other law, a nonprofit public benefit
corporation that operates as, or operates, a charter school, shall
not do any of the following:

(A) Operate or organize in any manner inconsistent with the
accountability requirements that all charter schools, including those
operating as, or that are operated by, a nonprofit public benefit
corporation, owe to the public.

(B) Have members, as defined in Section 5056 of the
Corporations Code.

(C) Be a subsidiary of any other corporation.

(D) Be affiliated with another corporation or equivalent legal
entity that has the power to control, or otherwise exert control
over, either directly or indirectly, the decision making or
governance of the charter school, including, but not limited to,
fiscal, operational, and educational decisions.

(b) An authority that grants a charter for the establishment of a
charter school formed and organized pursuant to this section shall
be entitled to a single representative on the board of directors of
the nonprofit public benefit corporation.

(c) An authority that grants a charter to a charter school to be
operated by, or as, a nonprofit public benefit corporation is not
liable for the debts or obligations of the charter school, or for
claims arising from the performance of acts, errors, or omissions
by the charter school, if the authority has complied with all
oversight responsibilities required by law, including, but not limited
to, those required by Section 47604.32 and subdivision (m) of
Section 47605.

(d) A charter school shall not be operated as, or be operated by,
a for-profit corporation.

end delete